scholarly journals Actuarial assessment of damages in personal injury litigation: how precise are we?

2011 ◽  
Vol 11 (1) ◽  
pp. 25-39
Author(s):  
F. W. H. Chan ◽  
W.-S. Chan ◽  
J. S. H. Li
Keyword(s):  
Personal Injury ◽  
Actuarial Assessment ◽  
Personal Injury Litigation

Actuarial Assessment of Damages

1968 ◽  
Vol 94 (3) ◽  
pp. 293-343 ◽  
Author(s):  
J. H. Prevett
Keyword(s):  
Point Of View ◽  
Personal Injury ◽  
Fatal Accident ◽  
Actuarial Assessment ◽  
Working Paper ◽  
Personal Injury Litigation ◽  
Actuarial Approach ◽  
The Law ◽  
Set Up ◽  
Law Commission

The purpose of this paper is to provide an opportunity for discussion within our profession of ‘the use of an actuarial approach and actuarial evidence’ in the assessment of damages arising out of personal injury and fatal accident litigation. The need for such a paper was intimated in the pages of our Journal by William Phillips in his Review of Principles of the Law of Damages by Professor Harry Street. Since the publication of what Phillips described as ‘from the actuarial point of view…the most important legal textbook which has been published in the last 50 years’ the employment of actuaries in this field has been widely discussed within the legal profession. The most important recent development has been the inclusion of personal injury litigation as Item VI of the first programme of the Law Commission set up by the Law Commission Act, 1965. The words quoted in the first sentence above are taken from the list of ‘Questions for Examination’ under (b) of Item VI, ‘Assessment of Damages’. The current examination being conducted by the Law Commission makes this a particularly appropriate time for a sessional meeting on this subject. The writer has had the advantage of a sight of a preliminary Working Paper prepared by the Law Commission and will be quoting certain extracts from that paper below. It must however be stressed that the Working Paper is a preliminary one which attempts to do no more than canvass views: it in no way sets out the conclusions of the Law Commission on the matters discussed.

Simplifying Personal Injury Litigation

The Lancet ◽  
1988 ◽  
Vol 331 (8596) ◽  
pp. 1236-1237 ◽  
Author(s):  
Diana Brahams
Keyword(s):  
Personal Injury ◽  
Personal Injury Litigation

scholarly journals Deducting collateral benefits from damages: principle and policy

Legal Studies ◽  
1998 ◽  
Vol 18 (1) ◽  
pp. 15-40 ◽  
Author(s):  
Richard Lewis
Keyword(s):  
Social Security ◽  
The State ◽  
Personal Injury ◽  
Policy Decisions ◽  
Insurance Law ◽  
Personal Injury Litigation ◽  
Important Policy ◽  
Accident Victim ◽  
The Law

Schemes for compensating injury which operate alongside each other call for important policy decisions to be made concerning their inter-relationship. Are they to take account of one another and, if so, to what extent? These issues can arise in a variety of contexts. Within particular regimes they are the concern, for example, of the overlapping benefit regulations in social security law and the rules relating to contribution in insurance law. However, the focus of this article is upon personal injury litigation. It examines the policy reasons which have been used to justify the different results reached by the law when faced with the problem of ‘collateral benefits’ received by an accident victim also seeking damages. Typically, these benefits are received from the state, or an employer, or an insurer.

More Civil Wrongs: Personal Injury Litigation, 1901-1910

1990 ◽  
Vol 34 (3) ◽  
pp. 295 ◽  
Author(s):  
Lawrence M. Friedman ◽  
Thomas D. Russell
Keyword(s):  
Personal Injury ◽  
Personal Injury Litigation
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